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RESOLUTION No. 35/2004/QH11 OF NOVEMBER 25, 2004 ON THE NATIONAL ASSEMBLY’S 2005 LAW- AND ORDINANCE-MAKING PROGRAM

THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly’s 10th session;

Pursuant to the Law on Organization of the National Assembly; the Law on Promulgation of Legal Documents;

After considering the National Assembly Standing Committee’s Report No. 278/UBTVQH11 of October 26, 2004 on the projected 2005 law- and ordinance-making program and opinions of National Assembly deputies,

RESOLVES:

Article 1.- To adopt the 2005 law- and ordinance-making program as follows:

A. Official program

I. Bills

1. At the 7th session (scheduled for May 2005):

a/ To be passed by the National Assembly: 11 bills

1. The Civil Code (amended);

2. The Commercial Law (amended);

3. The Maritime Code (amended);

4. The Pharmacy Bill;

5. The Bill on Vietnam Railway;

6. The Bill on Conclusion, Accession and Implementation of International Treaties;

7. The Bill on National Defense;

8. The Bill on State Audit;

9. The draft Education Law (amended);

10. The Bill Amending and Supplementing a Number of Articles of the Customs Law;

11. The Bill Amending and Supplementing a Number of Articles of the Law on Military Service.

b/ To be commented by the National Assembly: 11 bills

1. The Tourism Bill;

2. The Environmental Protection Law (amended);

3. The Bill on Banking Transfer Instruments;

4. The Bill on Intellectual Property;

5. The Bill on E-Transactions;

6. The Housing Bill;

7. The Export Tax and Import Tax Law (amended);

8. The Bill on the Youth;

9. The Bill Amending and Supplementing a Number of Articles of the Mineral Law;

10. The Bill on the People’s Police;

11. The Anti-Corruption Bill.

2. At the 8th session (scheduled for October 2005):

a/ To be passed by the National Assembly: 11 bills

1. The Tourism Bill;

2. The Environmental Protection Law (amended);

3. The Bill on Banking Transfer Instruments;

4. The Bill on Intellectual Property;

5. The Bill on E-Transactions;

6. The Housing Bill;

7. The Export Tax and Import Tax Law (amended);

8. The Bill on the Youth;

9. The Bill Amending and Supplementing a Number of Articles of the Mineral Law;

10. The Bill on the People’s Police;

11. The Anti-Corruption Bill.

b/ To be commented by the National Assembly: 9 bills

1. The Enterprise Bill;

2. The Investment Bill;

3. The Bill on Social Insurance;

4. The Bill on Real Estate Business;

5. The draft Vietnam Civil Aviation Law (amended);

6. The Bill on Information Technology;

7. The draft Judgment Execution Code;

8. The Cinematography Bill;

9. The Bill on Registration of Real Estates.

II. Draft ordinances: 16

1. The draft Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Procedures for Handling Administrative Cases;

2. The draft Ordinance on Guard Work;

3. The draft Ordinance on Bidding;

4. The draft Ordinance on Legal Assistance;

5. The draft Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Thrift Practice and Wastefulness Combat;

6. The National Assembly Standing Committee’s Resolution on civil transactions on dwelling houses involving foreign elements, established prior to July 1, 1991;

7. The Ordinance on HIV/AIDS Prevention and Combat (amended);

8. The Ordinance on Preferential Treatment for Revolutionary Activists, Fallen Heroes and their Families, War Invalids, Diseased Soldiers, Resistance War Activists and People with Meritorious Services to the Revolution (amended);

9. The draft Ordinance on Procedures for the Settlement of Strikes;

10. The draft Ordinance on Public Notary;

11. The draft Ordinance on Donation, Taking and Transplant of Tissues, Organs and Parts of Human Bodies;

12. The draft Ordinance on Protection of Key National Security Works and Targets;

13. The draft Ordinance on Procedures for Capturing Seagoing Vessels;

14. The draft Ordinance on Judicial Records;

15. The draft Ordinance on War Veterans;

16. The draft Ordinance on Court Fees and Charges at the People’s Courts.

B. Tentative program

I. Bills

1. The Code on Handling of Administrative Violations;

2. The Bill on the Modes of Purchase and Requisition of Individuals’ and Organizations’ Properties;

3. The Law on Protection of People’s Health (amended);

4. The Bill on Vietnam’s Seas;

5. The Bill on Associations;

6. The Securities Bill;

7. The Residence Bill;

8. The Bill on Personal Income Tax;

9. The Bill on Dikes.

10. The Bill on Referendum;

11. The Bill on Gender Equality;

12. The Bill on Technology Transfer;

13. The Bill on Physical Training and Sports;

14. The Bill on Lawyers;

15. The Bill on Labor Export;

16. The Bill on Job-Training.

II. Draft ordinances

1. The draft Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Mobilization Reserve Force;

2. The draft Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Consular Work;

3. The draft Ordinance on Registration of Security Transactions;

4. The draft Ordinance on Legal Assistance;

5. The draft Ordinance on Standardization;

6. The draft Ordinance on Foreign Exchange;

7. The draft Ordinance on Planning;

8. The draft Ordinance on Capital Construction Investment.

Article 2.- To add the following bills and draft ordinances to the law- and ordinance-making program of XIth National Assembly (2002-2007):

1. The Bill on Intellectual Property;

2. The Bill on Technology Transfer;

3. The Bill on Tax Management;

4. The Bill on Job-Training;

5. The Bill on Labor Export;

6. The Anti-Corruption Bill;

7. The Law on Complaints and Denunciations (amended);

8. The draft Ordinance on Foreign Exchange;

9. The draft Ordinance on Planning;

10. The draft Ordinance on High Technology;

11. The draft Ordinance on Capital Construction Investment.

Article 3.-

1. To assign the National Assembly Standing Committee to direct the implementation of the 2005 law- and ordinance-making program.

2. The agencies that draft and submit bills and draft ordinances shall work out specific plans on organization of the implementation thereof, ensuring that quality bills and draft ordinances shall be submitted on schedule and guiding documents shall be promulgated in time.

3. The National Assembly’s Nationality Council and Committees shall have to work out plans for, and take initiative in, coordinating with drafting agencies and other concerned agencies in order to raise the quality of bills and draft ordinances, report on the appraisal thereof and assist the National Assembly Standing Committee in gathering comments on and adjusting bills and draft ordinances; to enhance supervision over the promulgation of documents guiding the implementation of laws and ordinances.

4. The Government shall work out measures to boost law dissemination, propagation and introduction for all agencies, organizations and citizens to understand and implement laws in a uniform manner.

This Resolution was passed on November 25, 2004 by the XIth National Assembly of the Socialist Republic of Vietnam at its 6th session.

Chairman of the National Assembly
NGUYEN VAN AN